Schoolboy error

Flyingmachine

Yes, I appealed the notice left on the vehicle to VCS, using my name, which they spelled incorrectly!
I do not remember seeing a NTK, but that’s not to say it didn’t arrive (due to RK memory issues!)
I received a letter from bwlegal in 2016 requesting £100 for VCS and £54 for legal costs, I replied by denying the debt and told them I was NOT the RK or the driver but I didn’t go into detail?
I have sent SAR to VCS, Social Services and DVLA as advised.
Date of issue of MCOL 25/06/19 with my name spelled correctly and the amount is now £160 (£6 difference) plus £25 court fee.

Coupon-mad

I feel silly for not realising I needed to reply in their name

I don't agree - I think you played this perfectly!

Appealing in the name of someone who was neither the driver nor keeper is a tactic we've occasionally suggested. PERFECT!

You are untouchable but will need to defend, making it clear why you replied to the PCN, and why you cannot be liable in law.

I like this one. Don't drop the ball, get it right and kill the scam.

KeithP

Flyingmachine wrote: »

Date of issue of MCOL 25/06/19.

I am going to assume the Claim Form came from the County Court Business Centre in Northampton. Please confirm.


With a Claim Issue Date of 25th June, you have until Monday 15th July to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox file linked from post #2 of the NEWBIES FAQ sticky thread. About ten minutes work - no thinking required.

Having done the AoS, you have until 4pm on Monday 29th July 2019 to file your Defence.

That's four weeks away. Loads of time to produce a perfect Defence, but please don't leave it to the last minute.


When you are happy with the content, your Defence should be filed via email as suggested here:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
   
5. Log into MCOL after a few days to see if the Claim is marked "defence received". If not chase the CCBC until it is.
   
6. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are just trying to keep you under pressure.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

Flyingmachine

I have completed the AoS to the County Court Business Centre Northampton, awaiting results of SARs. I’ll keep you posted.
Thank you all, for your advice.

The_Slithy_Tove

Post a draft of your defence here for critique before submitting it.

Fruitcake

You should feel proud of yourself, not silly. Moreover it is not you who has made a schoolboy error (other genders are available) but the scammers and their scamlicitors.

When you have the time complain to your MP about this unregulated scam. I don't know if you are are/were the BB holder's carer, but you were certainly acting as such.

I suggest you also complain to the SRA about the scamicitors behaviour in processing a claim against the wrong person.

Have a look at this thread and add in a complaint about the extra £60 in all your complaints.

https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

Flyingmachine wrote: »

Date of issue of MCOL 25/06/19 with my name spelled correctly and the amount is now £160 (£6 difference) plus £25 court fee.

Local and national press might also be interested.

Flyingmachine

IN THE COUNTY COURT
BETWEEN CLAIM NO: XXXXXX
VEHICLE CONTROL SERVICES (CLAIMANT)
-and-
XXXXX (DEFENDANT)
DEFENCE STATEMENT
1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.
1.1 Any breach is denied, and it is further denied that there was any agreement to pay the Claimant’s £60 ‘Parking Charge Notice (‘PCN’)’.
2. The Defendant was not the registered keeper or driver of vehicle registration XXXXXX on the 15/11/2015 when it was parked at Abbey Walk Retail Park, Selby. The Defendant informed the Claimant of this fact on 24/11/2015 when appealing (as the carer and having Lasting Power of Attorney for the Registered Keeper due to a recent diagnosis of Dementia) the Parking Charge Notice attached to the vehicle.
2.1 The Registered Keeper did not receive a Notice to Keeper.
3. The facts are, the vehicle, registration XXXXX was parked with the registered keeper’s Blue Badge on display (the correct way up) on the dashboard, in an area marked for disabled parking. The expiry date did not show clearly on the photograph submitted as evidence from the Claimant as flash photography was needed due the dark and damp weather, this reflected the light and distorted the photograph. The Blue Badge was in date, this date was legible to the naked eye.
4. The Claimant passed the account to BW Legal on 19/06/2016 with an outstanding balance of £154. The Defendant emailed BW Legal on 03/08/2016 denying the debt and informing them the Defendant was neither the Registered Keeper or driver, requesting they reiterate this information to their client. These assertions indicate the Claimant has failed to comply with Civil Rule 16.4, or with Civil Practice Direction 16, paras 7.3 -7.5.
5. The Claimant is now seeking £160, plus Court Costs. The Protection of Freedoms Act 2012, Schedule 4, at section 4(5) states the maximum sum that may be recovered from the keeper is the charge stated on the Parking Charge Notice, in this case £60. The claim total has changed from £154 to £160, which includes an additional charge for ‘Legal representative’s costs, which appears to be an attempt at double recovery.


I believe the facts contained in this Defence Statement are true.

Flyingmachine

I have requested SAR:
Council changed the way they store info and cannot provide detaial of BB
DVLA can not provide info to new RK re; previous RK
Awaiting response from VCS, despite 3 requests for info
Complaint sent to land owner, no reply
Reply from MP who has noted my complaint.
I have posted my 1st Defence draft, any help is much appreciated.

waamo

I would put in that you were merely a passenger in the car. I would also ask that the claim be struck out as it has no prospect of success.

Redx

Put in all the abuse of process paragraphs by coupon mad posted in the thread by beamerguy in post #14 and renumber all the paragraphs